The Court of Appeals (CA) has affirmed its order suspending the Marikina City Regional Trial Court’s (RTC) dismissal of the qualified theft case filed against Indonesian businessman Shadik Wahono by San Miguel Holdings Corp. (SMHC) and Citra Metro Manila Tollways Corp. (CMMTC).

In a recent 5-page resolution, the CA Former 9th Division junked Wahono’s appeal on its November 16 temporary restraining order halting RTC Branch 193 Presiding Judge Alice Gutierrez’s October 25 dismissal of the complaint.

“Petitioners, in the case at bar, precisely alleged that public respondent, with bias or prejudice, acted with grave abuse of discretion amounting to lack or excess of jurisdiction in the issuance of its questioned orders,” explained the decision penned by Associate Justice Sesinando Villon.

“Indeed, it is necessary to maintain the status quo to avoid miscarriage of justice should we later find merit in the instant petition,” it added.

Wahono and coaccused Nadiya Stamboel were accused of making an unauthorized disbursement of P50 million in CMMTC funds—then jointly owned by SMHC and Wahonos—in order to incorporate another company called Citra Central Expressway Corp. (CCEC). #